Santa Ana Municipal Code § 33-48 Same—Waivers

Footnotes:

--- (2) ---

Cross reference— Definitions of "street", §§ 1-2, 41-154; use by community antenna television system, Ch. 15.

The purpose of this article is to establish regulations and procedures for the construction, repair and reconstruction of street and alley subgrade, base and surfacing; curbs; gutters and cross-gutters; sidewalks; sanitary sewers and water lines; drainage structures; or other improvements made in, on or over streets or ways in the city.

(Code 1952, § 7200 ; Ord. No. NS-28, § 1, 3-1-54)

All street improvements designated in this article shall be done in conformance with lines and grades furnished by the director of public works or approved by him and in accordance with the standards and specifications adopted by resolution of the city council, copies of which are on file in the office of the director of public works, planning director and clerk of the council.

(Code 1952, § 7201 ; Ord. No. NS-28, § 1, 3-1-54)

All street improvements as defined or listed in this article shall be done in accordance with the standards for width and type established by the master plan of streets and highways of the city. If no master plan of streets and highways has been adopted by the city council, the provisions of this section shall apply to any map showing proposed street development as adopted by the city council or to any proceedings affecting said streets and alleys initiated by the city council.

(Code 1952, § 7202; Ord. No. NS-28, § 1, 3-1-54)

No person shall begin any of the work designated in this article without first notifying the director of public works of the time such work will begin.

(Code 1952, § 7203; Ord. No. NS-28, § 1, 3-1-54)

It shall be unlawful for any person to make or cause to be made any excavation or any other street improvement work in, on or under the surface of any public street, alley, sidewalk, or any other public place for the installation, repair or removal of any pipe, conduit, duct, tunnel, utility pole, or any other facility or installation or for any other purpose without first obtaining from the director an excavation permit in compliance with this chapter. This provision shall not apply to any of the officers or employees of the city under the direction of the various city departments or his or her authorized representative.

(Code 1952, § 7204; Ord. No. NS-28, § 1, 3-1-54; Ord. No. NS-2447, § 2, 10-2-00)

For the purpose of this article, the following terms shall have the following meanings:

(a) Applicant shall mean the person applying for an excavation permit, as well as a person owning the facility or installation for which the excavation will be made.

(b) Article shall mean this Article II of Chapter 33 of the Santa Ana Municipal Code.

(c) Department shall mean the public works agency.

(d) Director shall mean the executive director of the public works agency for the City of Santa Ana or his or her authorized representative.

(e) Excavation shall mean any work in the surface or subsurface of the public right-of-way including, but not limited to, opening the public right-of-way; installing, servicing, repairing or modifying any facility or facilities in, on or under the surface or subsurface of the public right-of-way.

(f) Facility or facilities shall include, but not be limited to, any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults and other appurtenances or tangible items owned, leased, operated or licensed by a owner or person that are located in the public right-of-way.

(g) Owner shall mean any person, including the city, who owns the facility, or facilities that are or are proposed to be installed and maintained in the public right-of-way.

(h) Permit or permit to excavate shall mean a permit to perform an excavation.

(i) Permittee shall mean the person to whom an excavation permit is issued, as well as the person owning the facility or installation for which the excavation permit is issued.

(j) Person shall mean any person, company, partnership, corporation, entity, agency or other public or private utility entity, excepting the city or a contractor performing an excavation for the city.

(Ord. No. 2447, § 3, 10-2-00)

Fees for permits to perform work under this article shall be charged in amounts which the city council shall establish by resolution.

(Code 1952, § 7205; Ord. No. NS-28, 3-1-54; Ord. No. NS-43, 6-7-54; Ord. No. NS-108, § 1, 6-20-55; Ord. No. NS-385, § 1, 8-3-59; Ord. No. NS-1248, § 1, 3-10-75; Ord. No. 2447, § 4, 10-2-00)

(a) Before issuing an excavation permit, the director shall require a written application on a form furnished by the director, setting forth:

(1) The name and residence or business address of the applicant;

(2) The location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes;

(3) The purpose of the excavation;

(4) The proposed start date of excavation and duration of the excavation;

(5) A current business license issued by the City of Santa Ana.

(6) Evidence of insurance as required by section 33-32.19.

(7) A traffic control plan to be approved by the city traffic engineer.

(8) The applicant shall attach to the application form a scaled plan per director's requirement showing the location of the proposed excavation, the method of excavation, the facilities to be installed, to be maintained or repaired in connection with excavation, the dimensions thereof, and any other details the director may require. The director may establish different requirements for blanket permits issued under section 33-32.13 of this chapter.

(b) At the time the permit is issued, the applicant shall pay a nonrefundable fee in an amount established by resolution of the city council to defray the city's costs to process the application and to inspect the excavation.

(c) Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an excavation permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of the director.

(d) In the event that relocation is required by the city to accommodate a proper governmental use of the street, alley, sidewalk or other public place, no fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of the public and private utilities with facilities installed in any street, alley, sidewalk or other public place to relocate the facilities at no cost to the city.

(a) Upon receiving a written application for an excavation permit and plan, the director shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. Excepting only excavations made pursuant to section 33-32.12 ("Emergency excavations"), and section 33-32.13 ("Blanket permits"), at least one (1) working day prior to the start of work, the applicant shall telephone the development engineering section of the public works agency and request a permit number, informing city the date the work will commence. Upon approval, a permit number shall then be assigned to the job and a permit shall be sent to the applicant.

(b) No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within thirty (30) working days from the date of its issuance.

(c) Each permit shall state a time period for completion of all the work to be done thereunder. After said date, the permit shall be void unless the director has granted an extension of time for good cause.

(d) No person in violation of any requirement of this chapter shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director, which approval shall not be unreasonably withheld. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.

(Ord. No. 2447, § 6, 10-2-00)

The permit or a photo duplicate shall be available for review at the site of the excavation for the duration of the excavation and shall be shown, upon request, to any police officer or any employee of the city with jurisdictional responsibility over activities in the public right-of-way.

(Ord. No. 2447, § 6, 10-2-00)

The permittee shall be responsible to comply with all current federal, state and local safety regulations and requirements.

(Ord. No. 2447, § 6, 10-2-00)

(a) It shall be unlawful for any person to make or cause to be made any excavation or to install or cause to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any public street, alley, sidewalk or other public place at any location, other than that described in the application for the excavation permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account.

(b) Failure to comply with requirements set forth in this chapter or on any permit shall be cause for revocation of the permit until the violations have been corrected or alternative requirements have been approved by the director.

(Ord. No. 2447, § 6, 10-2-00)

Restoration of the asphalt pavement, traffic loops, pavement markings, legends and stripes of any street, alley or other public place shall be performed by permittee. Nothing in this section shall relieve the person opening or tearing up any pavement from the responsibility to maintain the excavation or installation in a safe condition until it is repaved or otherwise restored.

(Ord. No. 2447, § 6, 10-2-00)

(a) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench, except when the prior written consent of the director has been obtained.

(b) Each permittee shall cover open excavation with non-skid surface steel plates ramped to the elevation of the contiguous street, pavement or other public right-of-way or otherwise protected in accordance with guidelines prescribed by the department.

(c) All excavations shall comply with the standards and requirements established by the director for compaction, backfill and pavement restoration. The standards and requirements may impose different requirements for different excavations, taking into consideration relevant factors, such as (i) the location, type and extent of excavation performed (ii) the condition of the surface being excavated, (iii) the period of time elapsed since the construction or most recent resurfacing of the surface being excavated, and (iv) the average daily traffic volume and truck volume. Permanent pavement restoration shall be completed no later than two (2) weeks after the trench is backfilled; provided, however, that the director may grant an extension depending on the complexity of the work and testing which is demonstrated to be necessary to get the utility in service.

(d) The old torn up pavements and other rubble shall be removed, together with any surplus excavated material, within one (1) working day from the time such material is placed upon the street, provided that exceptions to this requirement may be approved by the director. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director.

(e) Whenever any caving in the sidewalls of any excavation, the pavements above such caving shall be cut away. In no case shall any void under a pavement be filled by any side or lateral tamping.

(Ord. No. 2447, § 6, 10-2-00)

In every case and at all times the work of removing from the streets all obstructions, surplus materials, debris, graffiti and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the permittee and shall be done in a manner deemed satisfactory to the director. Excavation sites shall be cleaned at the completion of each workday. In addition, the permittee shall remove all excavated material from the site of the excavation no later than the end of each workday.

(Ord. No. 2447, § 6, 10-2-00)

Each permittee that excavates or causes to be made an excavation in the public right-of-way shall be responsible to maintain, repair, or reconstruct the site of the excavation so as to maintain a condition acceptable to the director until such time as the public right-of-way is reconstructed, repaved, or resurfaced by the department.

(Ord. No. 2447, § 6, 10-2-00)

In the event that subsurface material or pavement over or immediately adjacent to any excavation should become depressed, broken, or fail in any way at any time after the excavation has been completed, the director shall exercise his or her best judgement to determine the person(s) responsible, if any, for the failure in the subsurface or surface of the public right-of-way and shall designate such person as the responsible party. The director shall notify said person(s) of the condition, its location, and the required remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction of the director within five (5) working days of the notification. The director may extend the time for the responsible party to repair or restore the affected public right-of-way.

(Ord. No. 2447, § 6, 10-2-00)

(a) In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the director's notice as set forth in section 33-32.9, the director may repair or restore, or cause to be repaired or restored, such condition in such manner as the director deems expedient and appropriate. The person(s) identified by the director as the responsible party shall compensate the city for any costs associated with the administration, construction, consultants, equipment, notification, remediation, repair, restoration, or any other actual costs incurred by the city that were made necessary by reason of the repair or restoration undertaken by the department. The director shall revoke the applicant's permit and may only reissue the permit or any future permits after all repair work done by the city has been reimbursed. The director's determination as to the cost of the repair or restoration performed shall be final.

(b) Subject to the limitation set forth in section 33-32.14, repair or restoration by the department in accordance with this section shall not relieve the person(s) from liability for future pavement failures at the site of the repair or restoration.

(Ord. No. 2447, § 6, 10-2-00)

(a) If, in the judgement of the director, the site of an excavation is considered hazardous or if it constitutes a public nuisance, public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action, the director may order the condition remedied by a written, electronic, or facsimile communication to the person(s) responsible, if any, for remedying the condition and shall designate such person as the responsible party.

(b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in said communication, the director may remedy the condition or cause the condition to be remedied in such manner as the director deems expedient and appropriate. The person(s) identified by the director as the responsible party shall compensate the city for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the department that were made necessary by reason of the emergency remediation undertaken by the department. The director shall revoke the applicant's permit and may only reissue the permit or future permits after all repair work done by the city has been reimbursed. The director's determination as the cost of any remediation performed shall be final.

(c) Subject to the limitation set forth in section 33-32.14, remediation by the department in accordance with this section shall not relieve the person(s) from liability for future pavement failures at the site of the remediation.

(Ord. No. 2447, § 6, 10-2-00)

Nothing in this chapter shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, alley, sidewalk, or other public place by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within one (1) day after the offices of the city are first opened subsequent to the excavation. Except as specifically provided otherwise in this chapter, excavations authorized by this section shall be subject to all fees and requirements of this chapter.

(Ord. No. 2447, § 6, 10-2-00)

The director may issue blanket permits to any person to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section. Except as specifically provided otherwise in this chapter, excavations authorized by this section shall be subject to all fees and requirements of this chapter.

(Ord. No. 2447, § 6, 10-2-00)

Pursuant to the protections of the California Tort Claims Act, neither the city nor any officer, agent, employee or volunteer thereof shall be held responsible for any damages caused by any excavations in any street, alley, sidewalk or other public place made by any person under the authority of a permit issued pursuant to the provisions of this article. The permittee shall be solely liable for any damage or loss occasioned by any act or omission occurring in connection with excavation, and shall fully indemnify, hold harmless and defend city, its officers, agents, employees or volunteers from and against any and all suits, actions, judgements, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers, agents, employees or volunteers may be subjected to for injury of any type, death or property damage arising from or connected with any such act or omission. city shall promptly notify permittee, at the address set forth in the permit, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee in connection with an excavation.

(Ord. No. 2447, § 6, 10-2-00)

In accordance with state law, any person excavating in the public right-of-way shall comply with the requirements of the underground service alert ("USA") regarding notification of excavation and marking of subsurface facilities. Such person shall provide USA with the assigned number for the permit to excavate or other information as may be necessary to properly identify the proposed excavation.

(Ord. No. 2447, § 6, 10-2-00)

Whenever any facility is abandoned in the public right-of-way, the person owning, using, controlling or having an interest therein, shall, within thirty (30) calendar days after such abandonment, file in the office of the director a statement in writing, giving in detail the location of the facility or facilities so abandoned. Each map, set of maps, or plans filed shall show in detail the location of each such facility or facilities abandoned subsequent to the filing of the last preceding map, set of maps, or plans. The maps or plans shall be a scaled drawing submitted in digital format on Mylar and on blueprint.

(Ord. No. 2447, § 6, 10-2-00)

Each visible facility installed in the public right-of-way shall be clearly identified with the owner of the facility. The department shall adopt orders or regulations to specify other appropriate methods for identification.

(Ord. No. 2447, § 6, 10-2-00)

In undertaking enforcement of this article, the city is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers, agents, employees and volunteers an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. No. 2447, § 6, 10-2-00)

(a) All utility installations permitted under this chapter shall, upon demand of the director, be relocated or lowered if required by the city to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place. All expenses incurred in relocating, lowering lines, pot-holing or marking of facilities to determine their exact location after the original installation shall be paid for by the permittee.

(b) Upon completion of underground or surface work permitted under this chapter and at the discretion of the director, permittee shall furnish as-built plans of the installation showing a correct plan view to scale, details and profile showing the locations of all elements of the installation based on data obtained in the field during construction. The as-built plan shall be submitted in digital format, on Mylar and on blue print.

(c) Private parties and non-public utilities shall comply with the following additional requirements:

(1) Permittee shall take out, pay for and maintain during the period in which the permit is in effect, a policy of public liability and property damage insurance protecting permittee, permittee's agents and employees against any liability, injury or death sustained or suffered by the public or damage to the property of the public by reason of the work carried on under the permit. The public liability insurance shall be for the limits of at least for injury to one (1) and for injury to more than one (1) person, and the property damage insurance limit. The insurance shall be placed with a company satisfactory to the risk management division of city, prior to the date that work under the permit is commenced. The policy or policies of insurance shall name the city, its officers, agents, employees and volunteers as additional insured and shall contain an endorsement precluding cancellation or reduction in coverage without giving the risk management division at least thirty (30) days written notice prior thereto.

(2) If required on the face thereof, the permit shall not be effective for any purpose unless and until the permittee files with the risk management division a corporate surety bond or other security approved by the risk management division in the amount specified on the face of the permit, said bond or other security to fully assure the performance by permittee of all obligations imposed upon permittee under the provisions of the permit and this chapter.

(Code 1952, § 7209; Ord. No. NS-28, § 1, 3-1-54; Ord. No. NS-2447, § 5, 10-2-00)

(a) Common utility colors and paint-type. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the city shall paint its above-surface fixtures with a uniform paint type, specific to each company, and color that meets with the approval of the director of public works, or the designee of the director of public works.

(b) Condition encroachment permits. All encroachment permits issued by the city shall, among such other things, be conditioned:

i. The permittee's application of an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the director of public works, or the designee of the director of public works;

ii. The permittee's removal of any graffiti within forty-eight (48) hours, excluding weekends or holidays, after notification;

iii. The city's right to remove graffiti or to paint the encroaching object upon the permittee's failure to remove the graffiti within forty-eight (48) hours, excluding weekends or holidays, after notification; or

iv. The permittee's providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti.

(Ord. No. NS-2798, § 3, 11-16-09)

A charge shall be made for work performed by city employees, including but not limited to engineering and drafting, setting and checking line and grade stakes and engineering inspection, at cost plus twenty (20) percent and shall be in addition to any permit fees.

(Code 1952, § 7206; Ord. No. NS-28, § 1, 3-1-54)

The director of public works may not issue a permit for a driveway unless the following conditions are met:

(a) The driveway may not encroach upon a curb return that has a radius of 22 feet or less. The driveway may not encroach more than 5 feet upon a curb return that has a radius greater than 22 feet.

(b) The driveway must not be located closer than 22 feet measured along the curb from any existing or proposed driveway entering a parcel of land under a single ownership.

(c) The maximum number of driveways permitted to a parcel of land under a single ownership shall be determined by the width of the lot frontage on the street as follows:

(d) The maximum frontage of a lot permitted to be a driveway shall be fifty (50) percent.

(e) The provisions of subsection (c) (1) and (2) hereof shall not apply to West First Street between Broadway and Townsend Street, and, in lieu of said provisions, said area shall be regulated by the following provisions:

(f) The maximum permitted width of a driveway shall be forty (40) feet. Driveways over forty (40) feet wide must have council approval.

(Code 1952, § 7216; Ord. No. NS-385, § 2, 8-3-69 ; Ord. No. NS-637, § 1, 2-18-62)

Plans for street improvements other than in subdivisions of five (5) or more lots shall be drawn in the office of the director of public works unless other arrangements are made satisfactory to the city engineer. All street improvement work must be done in strict conformance to the plans approved by the director of public works.

(Code 1952, § 7207; Ord. No. NS-28, § 1, 3-1-54)

Any person performing or causing to be performed any street improvement work under a permit issued by the director of public works as provided in this article shall place or construct sufficient safeguards and protective devices at all times about the work area to warn and protect the public from injury.

(Code 1952, § 7208 ; Ord. No. NS-28, § 1, 3-1-54)

The director of public works may furnish lines and grades for any street improvement work other than for a subdivision of five (5) or more lots, for which a permit has been issued.

(Code 1952, § 7210; Ord. No. NS-28, § 1, 3-1-54)

It shall be the duty of the director of public works to remove from any public street or alley any work as designated in this article which has not or is not being performed in strict conformance to the provisions of this article.

(Code 1952, § 7211; Ord. No. NS-28, § 1, 3-1-54)

Editor's note— Ord. No. NS-2168, § 1, adopted July 20, 1992, repealed § 33-39, which pertained to certifying completion of work and derived from § 7212 of the city's 1952 Code as amended by Ord. No. NS-28, § 1, adopted Mar. 1, 1954.

The executive director of the public works agency shall not accept any streets or alleys or improvements thereto until he has determined that all requirements of this article have been fulfilled. When the executive director of the public works agency has determined that all work has been satisfactorily completed and payments made as required by this article, he or his designated representative may, on behalf of the city, release any bond required for such work. Upon the release of bonds pursuant to this section, the executive director of public works or his designated representative shall send written notification of such action to the clerk of the council.

(Code 1952, § 7213; Ord. No. NS-28, § 1, 3-1-54; Ord. No. NS-2168, § 2, 7-20-92)

The costs of all original street improvements, other than those costs which the city council may determine as payable under the state gas tax major street development program or other street improvement project authorized by the city council, shall be paid by private persons having an interest therein.

(Code 1952, § 7214; Ord. No. NS-28, § 1, 3-1-54; Ord. No. NS-1121, § 1, 7-3-72)

Whenever the city council has established the portion of total cost on any project payable from city moneys as provided for in section 33-41, the director of finance shall pay the determined amount directly to the person to whom the permit has been issued; but such payment shall be made only after the work has been certified as completed by the director of public works and any bond applying to the project has been released.

(Code 1952, § 7215; Ord. No. NS-28, § 1, 3-1-54)

Before the city council adopts any resolution or ordinance ordering the construction of any improvement or the acquisition of any property for public use, or both, herein referred to as "improvement", where the cost thereof is to be paid in whole or in part by special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the city council as provided herein that the public convenience and necessity require the same.

If such a procedure is not followed and if such finding and determination are not made thereto, the requirements otherwise prescribed by division 4 (section 2800 et seq.) Streets and Highways Code of the state, and article XIII, section 17, of the state constitution shall be complied with before any such resolution or ordinance may be adopted.

(Code 1952, § 7230; Ord. No. NS-589, § 1, 7-2-62)

The city council may hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Reference may be made to one or more plans, profiles, specifications, maps or plats for the description of the improvement and all particulars relative thereto, which plans, profiles, specifications, maps, or plats shall be on file with the clerk of the council or the department of public works and open to inspection.

(Code 1952, § 7231 ; Ord. No. NS-589, § 1, 7-2-62)

The hearing required by section 33-44 may be a separate hearing or may be combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed.

Whether said hearing is held separate, or combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed, notice shall be given by posting and publication in the manner prescribed by the improvement act involved, and if said hearings are combined or held concurrently, such notice may be combined with the notice of hearing given under the said improvement act under which the improvement proceeding is proposed.

(Code 1952, § 7232; Ord. No. NS-589, § 1, 7-2-62)

The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution or ordinance ordering the improvement, the city council shall consider and pass upon all protests filed and all matters presented and its decision thereon shall be final and conclusive.

If by such decision the city council finds and determines by no less than a four-fifths (⅘) vote of all members thereof that the public convenience and necessity require such improvement, the city council may thereafter, in accordance with the improvement act specified or designated for the project, adopt a resolution or ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the city council as authorized by the improvement act for the project.

After such finding and determination by the city council, the provisions of law for debt limitation and majority protest as mentioned in article XIII, section 17, of the state constitution shall not apply.

(Code 1952, § 7233; Ord. No. NS-589, § 1, 7-2-62)

No building permit shall be issued for the erection, construction or enlargement of any building or structure in the City of Santa Ana for which aggregate work performed within any twelve-month period exceeds five hundred (500) square feet of floor area, nor for the enlargement, alteration or repair of any structure in the City of Santa Ana within any twelve-month period for which aggregate work exceeds thirty thousand dollars ($30,000.00) valuation, until there has first been compliance with the requirements of sections 33-49 through 33-53 of this chapter.

Whenever public improvements are required for the issuance of a construction permit under this section, the executive director of the public works agency shall require the furnishing of a surety device to guarantee completion of the improvements. The surety device shall be in a form and in an amount which is reasonably acceptable to the executive director, subject to the approval of the city attorney.

(Ord. No. NS-1041, § 1, 11-2-70; Ord. No. NS-1143, § 1, 11-20-72; Ord. No. NS-1631, § 1, 5-17-82; Ord. No. NS-1649, § 1, 10-4-82; Ord. No. 2355, § 2, 6-15-98)

The dedications required by section 33-49 and/or improvements required pursuant to section 33-50 shall be waived by the director of transportation if and to the extent that they do not fulfill any increased public need which may reasonably be anticipated to emanate from the use of the building or structure upon completion of the work performed. "Work performed" shall include aggregate work performed on the building or structure within any twelve-month period. "Increased public need" shall include, but not be limited to, any significant increase in traffic volume or congestion or in disruption of the smooth flow of traffic, or any significant increase in demand for or use of other public improvements, which would be mitigated or served by the required dedications and improvements. Any decision by the director of transportation against waiver pursuant to this section may be appealed to the city council pursuant to Chapter 3 of this Code.

(Ord. No. NS-1631, § 2, 5-17-82)

(a) Prior to the issuance of a building permit subject to section 33-47, the owner of the lot on which the building or structure is located shall dedicate for public right-of-way purposes all portions of the lot located within any planned street or alley extension or adjacent to any public street or alley, which are not yet dedicated for such purposes and which are necessary to complete such street to its planned ultimate width as designated by standards set forth in the general plan, or by the future right-of-way lines established by sections 41-699 through 41-732 of this Code or by a specific plan of street alignment established by sections 41-733 through 41-748 of this Code, or in the absence of any such planned ultimate width, to a width of sixty (60) feet in the case of a street, or twenty (20) feet in the case of an alley.

(b) In unusual circumstances, the executive director of public works may reduce or waive the street right-of-way required to be dedicated if the right-of-way does not have a planned ultimate width and the existing street right-of-way is less than sixty (60) feet in width, and there is no reasonable prospect of the existing street right-of-way being widened in the future in the area of the lot.

(c) In addition, at each intersection of two (2) arterial streets there shall be a street dedication of a twenty-five-foot by twenty-five-foot triangular cutoff at each corner; at all other street intersections there shall be a street dedication of a seventeen-foot by seventeen-foot triangular cutoff at each corner; and at intersections of alleys with streets there shall be a street dedication of a ten-foot by ten-foot triangular cutoff at each corner.

(d) In such cases as the lot abuts an arterial street, the owner of the lot shall also waive vehicular access rights to the arterial street except at driveways approved by the executive director of public works.

(e) In the event that the executive director of public works determines that immediate dedication would not be in the interests of the City of Santa Ana, the city manager may accept either an irrevocable offer of dedication pursuant to Government Code, Section 7050, or an agreement between the city and the owner to dedicate in the future, in lieu of present dedication.

(Ord. No. NS-1631, § 3, 5-17-82; Ord. No. NS-2187, § 1, 3-15-93; Ord. No. NS-2352, § 2, 6-1-98)

(a) Prior to the issuance of any permit subject to section 33-47, the following improvements, to the extent not already existing, or to the extent that restoration replacement, and/or relocation to a safe condition in accordance with city standards is necessary, shall be installed, restored, replaced, and/or relocated in the public right-of-way adjacent to the subject parcel at the sole expense of the owner or occupant or other person or entity interested in the issuance of the permit:

(1) Sidewalks;

(2) Curbs and gutters;

(3) Street and alley pavement;

(4) Driveway approaches, and removal of abandoned driveway approaches and replacement with standard curb, gutter and sidewalks;

(5) Sewer and drainage facilities;

(6) Street lights and installation facilities;

(7) Street trees and parkway landscaping;

(8) Bike trails.

(b) In addition to the improvements specified in subsection (a), whenever the permit subject to section 33-47 is for development of such magnitude that it can reasonably be anticipated to substantially increase traffic congestion in any street or streets in the vicinity of the subject parcel, then, prior to the issuance of such permit, traffic signals and/or other traffic-control devices which, in the opinion of the director of transportation, will mitigate such congestion, shall be installed at such locations on such streets as are determined by the director to be appropriate at the sole expense of the owner or occupant or other person or entity interested in the issuance of the permit.

(Ord. No. NS-1631, § 4, 5-17-82)

All public improvements required under section 33-50 shall be designed and constructed in accordance with the standards of the City of Santa Ana. The director of transportation may require that plans be prepared by a registered civil engineer showing line and grade of the public improvements required to be constructed by this section. When such plans are required, no public improvement construction work shall be commenced until such plans are approved by the director of transportation.

(Ord. No. NS-1631, § 5, 5-17-82)

Whenever the director of transportation determines that immediate installation of public improvements set forth in section 33-49 is not required by the public interest and that the owner, lessee, or other person interested in obtaining the building permit for the subject property is willing to pay to the city the costs of installation, as determined by the director, the director may, on behalf of the city, enter into an agreement with such party to provide for the future installation of the improvement on the following terms:

(1) The party entering into the agreement with the city shall be required to pay to the city a specified amount representing the present costs of installation of the improvements.

(2) The City shall have the right to install the improvements thereafter at such time as the city shall deem appropriate, in which event neither the party entering into the agreement nor any other person shall either be obligated to pay any additional amount for the costs of such improvements or be entitled to any refund of any portion of the amount paid, except as provided in (4) below.

(3) In the event that the required improvements are subsequently installed by a person or entity other than the city, the party entering into the agreement, or his heirs, devisees, assigns, or duly authorized agent, or such other persons or entity as may be designated in the agreement, shall be entitled to a refund of the amount paid; provided, however, that no refund shall be made until all required improvements have been installed in accordance with city standards and specifications unless otherwise specified in the agreement.

(4) In the event that any part of the required improvements are subsequently included within the scope of public improvements to be installed pursuant to special assessment district financing, or similar limited fund financing procedure, the party entering into the agreement, or his heirs, devisees, assigns, or duly authorized agent, or such other person or entity as may be designated in the agreement, shall be entitled to a refund in an amount which bears the same proportion to the amount paid under the agreement as the costs of the required improvements included within the scope of the publicly financed improvements bears to the total costs of the required improvements; provided, however, that the agreement may apportion the costs of the required improvements according to type or location and may provide for the amount of the refund to be credited to any assessment levied against the subject parcel in lieu of refund.

(5) In no event shall any person or entity other than the city be entitled to receive any amount representing interest on the amount paid to the city pursuant to the agreement.

Upon execution of such agreement and payment of the amount specified therein, a building permit or utility release subject to section 33-47 may be issued.

(Ord. No. NS-1631, § 6, 5-17-82)

In lieu of the agreement specified in section 33-52, the director of transportation may enter into an agreement with any person interested in obtaining a building permit subject to section 33-47 which requires such person to cause the required improvements to be installed without expense to the city within a specified period of time, provided such person furnishes security in the form of a bond or bonds by one or more duly authorized corporate sureties in connection with the performance of such agreement in the same manner as required for security of agreements pursuant to Chapter 5 of the Subdivision Map Act. Upon execution of such agreement and the furnishing of the required security, a building permit or utility release subject to section 33-47 may be issued.

(Ord. No. NS-1631, § 7, 5-17-82)

(a) Purpose. In order to preserve the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the streets in Santa Ana, a moratorium on excavation or street cuts shall be imposed.

(b) Definitions. As used in this section, the following words, terms, or phrases shall have the meaning hereinafter set forth:

(1) "Utility operator" or "Utilities" means privately or publicly owned entities that provide electricity, natural gas, water and sewer, and telecommunication services to the public.

(2) "Private developer" means any individual or entity proposing to construct projects residential, commercial, or industrial in nature that include construction in the public right-of-way.

(3) "Moratorium" means the prohibition of any cutting, digging, potholing, or other disturbance of any city street surface, including arterial streets, local streets, and alleys that is imposed by this section.

(4) "City street pavement" means all street classifications, including, but not limited to, arterial streets, local streets, and alleys.

(c) Moratorium on cutting or excavating street pavement.

(1) Newly constructed, reconstructed or resurfaced city street pavement shall not be cut or excavated for a period of five (5) years, subject to exceptions below. Newly constructed, reconstructed or resurfaced city street pavement is defined as any installation that adds to the structural capacity or life of the pavement of any street resulting from placing one (1) inch thickness or more of new asphaltic or cementitious materials.

(2) Newly surface sealed city street pavement shall not be cut or excavated for a period of three (3) years, subject to exceptions below. Newly surface sealed city street pavement is defined as any treatment that adds to the structural capacity, life of the pavement, or aesthetic value of any street resulting from applying less than one (1) inch thickness of asphaltic or cementitious materials overlaying, filling existing surface defects, or stabilizing base or subbase layers.

(3) The City Engineer or his or her authorized representative may permit newly constructed, reconstructed, resurfaced, or surfaced sealed city street pavement to be cut or excavated prior to expiration of the respective moratorium period above. The city engineer or his or her authorized representative may approve or conditionally approve any such exception if one (1) or more of the following cases are present:

A. Emergencies which endanger life, property, or public health and safety.

B. Restoration of essential utility service.

C. Other situations deemed by the city engineer or his or her authorized representative to be in the best interest of the general public.

Exceptions made will require special restoration to mitigate the excavation which impacts the structural capacity, life of the pavement, or aesthetic value of any city street pavement. The city engineer or his or her representative shall cause to be made available an accompanying set of details which mitigate the excavation or cuts.

(d) Start of the moratorium time period. The moratorium shall begin on the date that the city accepts the newly constructed, reconstructed or resurfaced city street pavement, or newly surface sealed city street pavement, as documented by the city. Such records and documents shall be made available by the city upon request.

(e) Notice of Moratorium to Utilities and Private Developers. The city shall provide notice of the moratorium by making available a list of city street pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed on the city website to provide utility operators and prospective private developers time to arrange for excavation or street cuts prior to the noticed city street pavement that will be newly constructed, reconstructed, resurfaced, or surface sealed.

(1) City street pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed will be published on the city's website and made available for inspection in the public works agency at least twelve (12) months prior to the beginning of such construction.

(2) For private developers who have received conditions of approval from the public works agency, it shall be the private developer's responsibility to be informed of any updated moratorium locations that may impact their proposed development using the means described above.

(f) Streets where moratorium not in effect. Cuts or excavations performed on city street pavement not subject to this moratorium shall be subject to the following requirements:

(1) For new utilities' service laterals, the street opening limits shall comply with City of Santa Ana Standard Plans and policies for purposes of connecting the service lateral. Notwithstanding the foregoing, the lateral itself shall be bored, jacked or open-cut installed from the property line of the property being serviced.

(2) All street openings, trenching, backfilling and resurfacing shall at all times comply with the City of Santa Ana Standard Plans, as specifically approved in writing by the city engineer or his or her authorized representative.

(3) All street openings shall be subject to the then-current street work permit requirements and fees.

(g) Appeal. An applicant shall have the right to appeal any decision of the city engineer or his or her authorized representative under Section 33-54 pursuant to the provisions of Chapter 3 of the Santa Ana Municipal Code.

(Ord. No. NS-3006, § 2, 7-6-21)

Editor's note— Ord. No. NS-3006, § 1, adopted July 6, 2021, repealed § 33-54 and enacted a new § 33-54 as set out herein. Former § 33-54 pertained to the preservation of newly constructed and reconstructed arterial streets and derived from Ord. No. NS-2054, § 1, adopted April 16, 1990; and Ord. No. NS-2447, § 7, adopted October 2, 2000.

(a) Acceptance of dedications.

(1) The city manager is authorized to accept the following dedications:

a. Statutory dedications of an interest in, or easement upon, real property made in accordance with the provisions of this Code;

b. Dedications of an interest in, or easement upon, real property made in conjunction with public works improvement projects; and

c. Dedications of an interest in, or easement upon, real property made pursuant to city approved entitlements, such as but not limited to building or other related permits, conditional use permits, variances or as a condition of a development agreement.

(2) All other dedications shall be accepted by the city council.

(b) Acceptance of roads or streets into the city street system.

(1) The city shall not incur any liability or responsibility for maintenance of a dedicated road or street unless such road or street has been accepted into the city street system.

(2) The city manager is authorized to accept streets and roads, or portions thereof, into the city street system.

(3) The city manager is further authorized to record conveyances to the city of real property interests for street and road uses and purposes. The city manager shall, prior to recording any conveyance under this section, affix a certificate to the instrument stating the acceptance into the city street system and designating the name or number, or both, of the city street or road.

(c) Acceptance of deeds or grants conveying an interest in real property for public purposes.

(1) The city manager is authorized to accept and consent to all deeds or grants conveying an interest in or easement upon real property to the city for public purposes.

(2) The city manager, or his designee, shall attach to or print on the deed or grant a certificate of acceptance in substantial compliance with the provisions of Government Code section 27281.

(Ord. No. NS-2352, § 1, 6-1-98)